Duty of care
As stated in the Main Roads WA Traffic Management for Works on Roads - Code of Practice September 2018 (CoP); “Any party who undertakes work on a road that is open to traffic, by law has a “duty of care” under the Occupational Health and Safety Act to take all steps that are reasonably necessary to prevent any person being injured or damage being caused to the property of others while carrying out those works.
The Occupational Health and Safety Act specifically requires;
- An employer to provide a safe workplace for its employees and
- Any person in control of a workplace, to take measures to ensure persons who have access to that workplace (including road users in case of a roadworks site) are not exposed to hazards.
As part of this 'duty of care' any party undertaking works within a road reserve that is under the care, control and management of the City of Cockburn that presents a risk to, or impacts on road users is required to have approval to implement a Traffic Management Plan (TMP) from the City of Cockburn in accordance with the CoP.
Traffic Management Plan (TMP) Submissions
The Traffic Management Plan preparation shall be carried out in accordance with the current MRWA Traffic Management for Works on Roads Code of Practice, and shall be submitted to the City in advance of the works to allow for sufficient time to carry out assessment, authorisation, and any required notification before implementation.
The minimum Traffic Management Plan assessment lead time that the City requires is 10 business days (Monday to Friday excluding public holidays) for low complexity works were no notification to other stakeholders is required.
Note for more complex works further guidance will be given on a case by case basis during the initial review. Further, the following (provisional) minimum assessment lead times are recommended by the City:
- For low complexity works - 10 business days (15 business days if notification is required).
- For complex works - 20 business days (not including any notification period that may be required).
- For road closures the City shall be contacted for in principal support, and further advice on lead times will be given should in principal support be achieved.
All submission must contain the following documentation:
Submit an application online
- A copy of approval for the works from the relevant approving authority e.g. for works on utilities the utility owner, for works on a City asset within the road reserve the relevant City Engineering Service Unit, etc.
- A copy of a Certificate of Currency for Public Liability Insurance of sufficient value to cover risk associated with the works and traffic management implementation.
- A Traffic Management Plan designed by an appropriately accredited Traffic Management Plan designer as per the CoP, and as a minimum reviewed by a secondary holder of Advanced Worksite Traffic Management Accreditation (AWTM) or higher level of accreditation if required by the CoP.
- Note: For works not being carried out between 7am and 7pm, Monday to Saturday (excluding public holidays). Separate to the TMP approval process an approval for Out of hours construction noise will be required from the City’s Health Services.
For more information in regards to Traffic Management Plan submissions please contact the City’s Traffic & Transport Service Unit on 08 9411 3444 or at TMP@Cockburn.wa.gov.au